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Divorce Questions & Answers
1 Answer | Asked in Divorce for Florida on
Q: Can my husband just divorce me and not leave me a penny as he says?
Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

You have the right to seek alimony. The judge will evaluate whether you have a legitimate need for alimony and whether your husband is able to pay it. Alimony might be awarded indefinitely or for a set length of time by the judge.

If the judge decides to award you alimony, the judge will...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: He is taking job out of state, how will it affect my case if I file for divorce? The children and I will not be moving.

He is the sole income provider (82k). I am a full time student paying cash for my education.

We have been married 11 years with 2 shared children age 8 and 12. We have never owned a home. His car is valued around $3k, mine is valued much less (it is 30 years old). No other assets. Combined... Read more »

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

Even if your husband will soon move out of state, you can apply for divorce if you have both lived in Florida for at least 6 months. If you and your children do not wish to move with him, you must demonstrate that they are better off staying with you and that the move is unnecessary.

Keep...
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1 Answer | Asked in Child Support and Divorce for Florida on
Q: I want to divorce my wife of 20yrs and I have 2 kids 16 and 12. We are having problems with our intimate relations.
Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

First, find a lawyer who will represent you from the start and walk you through the process.

Florida is a “no fault” divorce state, which means that spouses only need to tell a court that the marriage is “irretrievably broken” in order to get a divorce. You can file a petition...
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1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Litigation for Georgia on
Q: If I paid a retainer in 2020 and atty didn’t tell me she rep the def prev. Will she have to pay it back?
Robbie Levin
Robbie Levin answered on Jan 25, 2022

You should discuss it with your attorney.

1 Answer | Asked in Child Support and Divorce for Georgia on
Q: Can a divorce atty rep. a defendant in 2006 child support case & now rep me divorcing same person that she represented
Robbie Levin
Robbie Levin answered on Jan 25, 2022

That would likely be a conflict of interest, and that attorney would not be permitted to represent you.

For more information visit my website at www.LevinLawyerGa.com

2 Answers | Asked in Divorce for New York on
Q: My divorce lawyer doesn't respond to my emails for weeks, then doesn't voice my concerns in court. What are my options?

My wife left our house with our 18 yr old daughter and filed for divorce. My lawyer is simply conveying messages back to me on what my wife is demanding. My lawyer isn't answering my questions or voicing my concerns/needs. My retainer is being bled dry while I only seem to get more... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 25, 2022

Court policy places undue pressure on the man to surrender his money and property and future earnings to the woman. Typically, the first to go are the children which the man loses followed immediately by child support. Then come the real and personal property awards. In some courts, for example in... Read more »

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1 Answer | Asked in Divorce for Michigan on
Q: Does it matter if you divorce before or after retirement?
Brent T. Geers
Brent T. Geers answered on Jan 24, 2022

Possibly. And of course depends on what, if any, agreement can be made.

1 Answer | Asked in Divorce for Ohio on
Q: Do l Still have the right to get a lawyer even if our dissolution has been finalized? And is it worth it?

We got a dissolution last May 5,2021. And until now l still haven’t get the title of the car that we both agreed that he is going to transfer it to my name. His lawyer that we used for the dissolution was also the one who process QDRO for the car payoff but until now it hasn’t been finalized or... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Jan 24, 2022

You absolutely have the ability to hire a lawyer. If your ex-husband is not complying with the terms of the dissolution order, you may have the ability to pursue a contempt claim against him.

2 Answers | Asked in Divorce for Georgia on
Q: Is it true that I will have to sell my house if I purchased it before marriage, I’ve paid the mortgage for 15 years

Is it true that I will have to sell my house if I purchased it before marriage, I’ve paid the mortgage for 15 years with no help , I added him to my deed upon getting married , we have a child that’s in college… can I keep my property?

Regina Irene Edwards
Regina Irene Edwards answered on Jan 23, 2022

It is not a foregone conclusion that you will have to sell your house. Refinancing may be an option, or an exchange of other marital assets in lieu of accumulated equity. You need to speak to an attorney who will be able to look at exact numbers so they can give you specific advice.

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1 Answer | Asked in Divorce for Louisiana on
Q: How do I enforce a spousal income judgement
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 21, 2022

Are you talking about a child support or spousal support order?

2 Answers | Asked in Divorce for Georgia on
Q: If I got married in Louisiana but me and my spouse lived in ga for a year together which state do I file for divorce?

We don’t have assists or kids to split and have not been together for over 12 years

Robbie Levin
Robbie Levin answered on Jan 21, 2022

Generally, the state where you got married is not a factor in where the divorce is filed. You file for divorce in the State where you/your spouse are currently living. Some states have residency requirements. In Georgia, you need to live here at least 6 months prior to filing.

For more...
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1 Answer | Asked in Divorce for Arizona on
Q: Are the gains from a 401k account prior to marriage separate or community property?

Question on a 401k that I had prior to getting married. Everything I’ve read is it is separate property and not divisible at divorce. Are the gains from that account also separate property? My wife is saying the 401k balance prior to marriage is separate property, but the gains are community... Read more »

Rich J. Peters
Rich J. Peters answered on Jan 20, 2022

So long as there were no contributions during the marriage, then every penny of your 401(k) will be considered your separate property. You owned it prior to the marriage, and you alone get to benefit from any increases.

Perhaps you could convince her by asking her whether she would have...
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1 Answer | Asked in Divorce, Bankruptcy, Real Estate Law and Cannabis & Marijuana Law for Texas on
Q: Divorce court said he needed to take me off the home. He never did. The house is about to foreclose.

I don’t have the money to fly to Oregon and get another lawyer to force him to refinance. I also learned he put the home in forbearance while the divorce was still processing. So now he has to either pay back 30 grand before he can refinance OR have me agree to sign papers to put that money on... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2022

You need to consult your divorce attorney and move to hold him in contempt in the divorce case. He will likely have to hold you harmless on the debt regardless.

1 Answer | Asked in Divorce for Kentucky on
Q: I am on SSDI and my husband is thinking about retiring. If we were divorced would I be eligible for more benefits

It would be no contest and we would stay living together in our home that is in his name.

Timothy Denison
Timothy Denison answered on Jan 20, 2022

No, but it might be fraud.

1 Answer | Asked in Divorce for Oklahoma on
Q: Can I ask husband refinance our home and pay my equity and remove my name from the home & property prior to divorce

He took me off joint bank accounts, cell phone plans and car insurance this past fall 8/21-12/21. 1/5 he turned off access to hot water and washer and dryer. I had surgery 1/7 and I'm currently staying with family in Missouri recovering.

Charles Watts
Charles Watts answered on Jan 20, 2022

In most situations there are automatic injunctions put in place to prevent the changing of bank accounts, insurance, and utilities and the like. You need to consult with an attorney on this so that you can be represented fully. To your other question, yes you can ask, and file a joint affidavit... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: My spouse and I will be attempting in home separation in Virginia. He is an airline pilot. If I take a trip to visit

family or friends or just go to a hotel or an apartment while he's off work and in the home every week, is that desertion? I would make it known to our adult children and my family and friends that I'm returning on a certain date each time. He initiated the divorce. I have agreed. Update:... Read more »

Sonja Aoun
Sonja Aoun answered on Jan 20, 2022

Temporary absences without the intent to separate permanently do not amount to desertion in Virginia. The court may view the trips to visit family and friends differently than leaving to go to an apartment or hotel when your spouse is home differently, however. Also, notifying other people that... Read more »

1 Answer | Asked in Divorce for New York on
Q: I got Married in Texas,I reside in New York can I file for divorce in New York city’s?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 20, 2022

You can if you have lived in NY for 2 years or lived here for 1 year and the cause of action occurred here.

1 Answer | Asked in Divorce for Massachusetts on
Q: Wife filed for divorce in 2019. What to do to finalize divorce? Husband pays child support for 2 kids

My friends wife filed for divorce, 1B. For covid reason, all hearings were postponed. They had only one zoom hearing 6.06.2021. Judge's decision was for them to get agreement and to provide a paper how they both are going to care of kids. Judge gave them 30 days. Until now wife did not respond... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Jan 20, 2022

If the children are unemancipated or minors then there would be child support anyway. The real point is you want to conclude your divorce. You have not stated what type of hearing you had via Zoom. It could have been a pretrial conference and perhaps a trial date is next. Really you seem to need... Read more »

2 Answers | Asked in Divorce for Virginia on
Q: My parents have been seperated for 40+ years. My father has become ill and I wanted to know how to get them divorced

My mother has not been around my entire life and claimed she has remarried but I dont know how if she still is married legally to my father. I just want them divorced in case my father passes I dont want her entitled to any of my father's assets

Sonja Aoun
Sonja Aoun answered on Jan 20, 2022

If your father wants to file for divorce, he can do so if he has been a Virginia resident for the past six months. When he files for divorce, if he doesn't know where your mother is, he will need to file an affidavit verifying that he doesn't know her address. He can then request that... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: Does infidelity affect the outcome of the property split in a divorce?

I have evidence that my wife cheated while we were married. Will the judge consider her actions when dividing marital property? We don't have kids, just property that will be split. We bought the house after the marriage but she has the mortgage in her name and has made all of the payments.

Joseph Jaap
Joseph Jaap answered on Jan 20, 2022

If your spouse spent money on the other person, those funds might be recovered. But usually, such things don't affect the division of property or determination of any spousal support. The house is marital property, subject to division of its value. Use the Find a Lawyer tab to retain a... Read more »

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